State Department memo addressing the release of January 2002 photographs of unidentified Guantanamo detainees at Guantanamo Bay, Cuba. The memo states that although there was criticism of the release of the photo(s) the release was not a violation of the Geneva Convention's prohibition against making prisoners a "public curiosity" because that was not the intent, factual circumstances and no photographs that show their recognizable face, nametag or other identifying feature.
UNCLASSIFIED
RELEASED IN FULL
Release of Photographs of Detainees at Guantanamo by USG.
The photographing of detainees at Guantanamo, and public
disclosure of these photographs by USG officials in early
January, 2002, received considerable media attention and
criticism from the international community. Rules
governing the photographing of detainees and OSD public
affairs guidance are based upon Article 13, Third Geneva
Convention of 1949, which provides that "prisoners of war
must at all times by protected, particularly against acts
of violence or intimidation and against insults and public
curiosity". While this provision does not expressly
prohibit the taking of photographs, the USG has interpreted
this to mean that taking photographs and publishing them in
newspapers or journals would be holding the prisoners up to
public curiosity and therefore forbidden.H
However,
published OSD Public Affairs Guidance at that time
permitted photo/video coverage of detainees as long as such
coverage did not identify the individual detainees by name
or by image. Current PA guidance regarding photographing
of Iraqi POWs prohibits photographs that show their
recognizable face, nametag or other identifying feature.
UNITED STATES DEPARTMENT OF STATE REVIEW AUTHORITY: SHARON E AHMAD DATE/CASE ID: 16 NOV 2004 200303827
UNCLASSIFIED
DOS-000374